Ombudsman eyes refiling of graft case over PDAF misuse
Ombudsman Jesus Crispin Remulla said his office is eyeing to refile the graft case against Senator Joel Villanueva over the misuse of his P10-million “pork barrel” or Priority Development Assistance Fund when he was then a CIBAC party-list representative.
“We will review it. We might have to refile the case. There is no double jeopardy here,” Remulla said in a mix of English and Filipino during an interview with veteran journalist Luchi Cruz-Valdez.
“For now, we will have to study. We have to study again,” he added.
Former Ombudsman Conchita Carpio-Morales in 2016 ordered Villanueva dismissed after finding him liable for the PDAF misuse.
Her successor, Samuel Martires, reversed the dismissal order in 2019.
Remulla expressed disappointment over what he described as a “secret” reversal of Carpio-Morales’ order to remove Villanueva from public office.
“We were upended by the fact that Ombudsman Martires already released a decision in 2019 that nobody knew about except him and maybe Joel Villanueva,” Remulla said.
“Only the two of them know. (But) we are not yet done. We will have to study,” he said.
Former Supreme Court Associate Justice Rodolfo Azcuna, in an ANC Hot Copy interview, said Martires may face sanction if proven that he ruled on Villanueva’s motion for reconsideration beyond the allowed reasonable time.
Under the rules of the Office of the Ombudsman, a motion for reconsideration must be filed within 10 days after the receipt of the decision or order.
Should there be a violation on the prescriptive period in the case of Villanueva, he said: “Usually, if a person is already retired, you can still penalize that person by forfeiting the
Asked if he found anything “secretive or irregular” with Martires’ reversal of the dismissal order against Villanueva, Azcuna said: “I think the factual situation should be clarified. When you promulgate a decision, you have to attach your decision to the rollo. Every case has a rollo. It must be signed and promulgated.”
“If it is not attached to the rollo, then it is not really promulgated. It is still a draft. The media should have followed up if it is not attached to the rollo.”
“Although it is unusual… Usually, the Ombudsman also announces the high-profile decision of the matter. But if it is silently promulgated, that is unusual. But it is still valid for as long as it is attached to the rollo, and the rollo is open to the public,” Azcuna added.
Former solicitor general Florin Hilbay earlier said the “secret” reversal could be treated as a memo and not a valid reversal as it was never made public.
“Former Ombudsman Martires had no authority to reverse that decision in secret, thereby depriving the public or any interested party from questioning his decision before the Supreme Court,” Hilbay said.
“Therefore, Ombudsman Remulla can treat the secret memo as having had no effect and can proceed with his intention to request the Senate to enforce the original order of dismissal,” he added.
Martires earlier defended his decision not to announce the reversal, saying publicizing all decisions was not part of his duty then as Ombudsman.
“The reason why I was mum about this was not because I was protecting these people. I was keeping silent because I did not have the right to destroy their future,” he said.
Meanwhile, the Office of the Ombudsman on Monday clarified Remulla is healthy and physically fit to perform his duties.
In a statement, Assistant Ombudsman Mico Clavano said recent revelations made by Remulla in a television news forum were meant to disclose past health issues.
Remulla previously revealed that he was diagnosed with leukemia after undergoing a quintuple bypass heart surgery in 2023, but has since recovered.
“To clarify some and contextualize: The Ombudsman is in good health and continues to work with vigor and dedication. The Ombudsman is already free from cancer for one and a half years. He also exercises every morning before going to the office to remain healthy,” Clavano said.
“We assure the public of the Ombudsman’s determination to hold accountable those responsible for the flood control issue and that he is physically fit to do so. His second chance at life has given him determination and resolve not to fear or spare anyone,” Clavano added.
Remulla said he has undergone two cycles of chemotherapy and a bone marrow transplant, with his son as the bone marrow donor.
